Patna High Court
Akta Bhai Kendra Lucky @ Akta Bhai LuckyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to conditions.
Summary
The petitioner, a Block Education Officer, was arrested on 30 January 2026 for allegedly accepting a bribe of Rs.10,000 under Section 7(a) of the Prevention of Corruption Act. He filed a regular bail application, claiming innocence and that he had been falsely implicated and suffered prolonged incarceration. The State and Vigilance opposed the bail, noting that a charge‑sheet had been filed. After considering the submissions and the length of custody, the Court inclined to grant bail, imposing a bond of Rs.10,000 with two sureties and conditions of regular appearance and cooperation. The Court clarified that its observations were prima facie and not a determination on the merits of the case. The bail application was allowed.
Issues considered
- Whether regular bail can be granted to a public servant accused under Section 7(a) of the Prevention of Corruption Act despite the filing of a charge‑sheet
- Whether the period of custody and the nature of the alleged offence justify the grant of bail
Legislation cited
- Prevention of Corruption Act, 1988 — s. 7(a)
Subjects
- bail
- prevention of corruption act
- bribery
- criminal procedure
- regular bail
- public servant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28582 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- VIGILANCE District- Patna
======================================================
Akta Bhai Kendra Lucky @ Akta Bhai Lucky S/o Kapildeo Singh Resident of
vill- Rampur Kaithi, Post - Amrahi @ Angrahi, P.S- Haspura, Distt.-
Aurangabad, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Vigilance, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
Mr. Harendra Prasad, APP
For the Vigilance : Mr. Arvind Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-05-2026 Heard the learned counsel for the petitioner, the
learned APP for the State and the learned counsel for the
vigilance.
2. The petitioner seeks regular bail in connection with
Special Case No. 17 of 2026 arising out of Vigilance Case No.
11 of 2026 registered for the offence under Section(s) 7(a) of the
Prevention of Corruption Act.
3. As per the prosecution case, the petitioner, who was
working as a Block Education Officer, was caught while
accepting a bribe of Rs. 10,000 from the complainant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather
Patna High Court CR. MISC. No.28582 of 2026(3) dt.12-05-2026
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he has falsely been implicated in the trapped case. Petitioner is
in custody since 30.01.2026. It is further submitted that the
petitioner has been suspended and he has suffered long
incarceration.
5. Learned A.P.P. for the State and the learned counsel
for the Vigilance have vehemently opposed the prayer for bail. It
is submitted that the charge-sheet has been submitted.
6. Having considered the rival submissions and the
facts and circumstances of the case as well as the period of
custody of the petitioner, this Court is inclined to allow the
prayer for bail.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Special Case No.
17 of 2026 arising out of Vigilance Case No. 11 of 2026 subject
to condition that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
Patna High Court CR. MISC. No.28582 of 2026(3) dt.12-05-2026
3/3
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
9. The application stands allowed.
(Sandeep Kumar, J)
Shishir/-
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